• The Ombudsman’s role and powers
• How I considered this complaint
• My assessment
• Final decision

The Ombudsman's final decision:

Summary: A woman complained that the Council had unreasonably decided to end its homelessness duty in her case after she refused an offer of accommodation. But we will not investigate this matter because the woman has separate review and appeal rights she can use to dispute the Council’s decision, and we could not provide the result she wants from her complaint.

The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6))

3. The law says we normally cannot investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

Back to top

How I considered this complaint

4. I considered the information Miss B provided with her complaint and documents from the Council about her homelessness case. I also took account of the Ombudsman’s Assessment Code.

Back to top

My assessment

5. The Housing Act 1996 (‘the Act’) gives homeless applicants a right of review about councils’ main decisions on their application. This includes a decision to end a housing duty in their case and about the suitability of accommodation they are offered.
6. If an applicant wants to challenge a negative review decision they can appeal to the county court on a point of law.
7. Miss B made a homelessness application to the Council as her landlord was evicting her family from their private rented accommodation.
8. Later the Council offered Miss B temporary accommodation in a self-contained property, which it considered was suitable for her family’s needs. The Council advised Miss B about her right of review concerning the suitability of the property, whether she accepted or refused the offer. But the Council also made clear that its housing duty in her case would end if she did turn down the offer.
9. Miss B refused the temporary accommodation offer, mainly on the basis that the location of the property made it unsuitable for her family’s needs. The Council then proceeded to end its housing duty in her case. In response Miss B asked the Council for a suitability review, and it is currently carrying out that review.
10. In the circumstances I consider that we should not investigate Miss B’s complaint. First, the Council has not yet issued its review decision. So its final position in Miss B’s case is still unknown.
11. But second, if the Council does uphold its decision that its accommodation offer was suitable following the review, Miss B will then have a right of appeal to the county court if there is a point of law to argue. The law says we normally cannot investigate a complaint where someone could take the matter to court, and I see no reason why Miss B should not be expected to use her court appeal rights if she considers the Council’s review decision in her case is flawed.
12. Third, unlike the courts, we have no powers to overturn homelessness decisions or rule on points of law. So we cannot make our own decision about Miss B’s homelessness case or force the Council to change its decision. Therefore, I also do not see we could achieve the outcome Miss B wants from her complaint, which is for the Council to make her another offer of accommodation.

Back to top

Final decision

13. We will not investigate Miss B’s complaint that the Council has unreasonably ended its homelessness duty in her case after she refused an offer of accommodation. This is mainly because Miss B has statutory review and potential court appeal rights she can use to dispute the Council’s decision and, anyway, we cannot achieve the outcome she is seeking from her complaint.

Back to top

Investigator's decision on behalf of the Ombudsman

Print this page